To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992.  See attached note from the Monitoring Officer.

There were no declarations of interest.

To confirm the minutes of the meeting of the Licensing Committee held on 14.06.16 as an accurate record of the proceedings.

The meetings of the previous meeting held on 14.06.16 were agreed as an accurate record of the proceedings.

To note the rules of procedure relating to determinations of licenses for sexual entertainment venues.

The Rules of Procedure were noted.

The Committee agreed to vary the order of business to allow items 4.3 and 4.4 to be considered prior to items 4.1 and 4.2.

The report was introduced by David Tolley, Head of Trading Standards & Environmental Health who advised that formal consultation took place from 19^th October 2015 to 17^th January 2016.  The Gambling Policy was required to comply with guidance issued by Central Government and the Gambling Commission.  There were approximately 80 Gambling Licenses in operation although it had been several years since a new Gambling License was granted.

The Council as Planning Authority, had recently strengthened its powers in relation to betting shops following a government change to the Use Classes Order.  Applications for a Gambling License could only be refused if they were not in accordance with the Licensing Objectives and the use of fixed odd betting terminals did not require a license.

In the light of feedback received during the consultation period, the following additions/changes had been made in the following areas:

·       Local Profile

·       Inspection Format

·       Scope of Risk Assessment

·       Sample Conditions

The Committee expressed concerns regarding the increased use of fixed odd betting terminals and requested officers to investigate and requested offices to investigate how this could be managed.

RESOLVED – That the report be noted and the Gambling Policy recommended to Council for adoption.

The report was introduced by Agnes Adrien, Team Leader Enforcement & Litigation who advised that the report provided details of completed licensing related prosecutions and appeals for the first Quarter of 2016/2017.

RESOLVED – That the report be noted.

This report was considered in conjunction with item 3.4 below (Application for a new premises licence for Metropolis, 234 Cambridge Heath Road under the Licensing Act 2003).

David Tolley, Head of Environmental Health and Trading Standards

Mohshin Ali, Senior Licensing Officer

David Graham, Counsel for the Committee

Agnes Adrien, Legal Services

Antoinette Duhaney, Democratic Services

Gareth Hughes, Applicant’s Legal Representative

Steven Martin, Applicant

At the request of the Chair, Mohshin Ali, Senior Licensing Officer, introduced a report which detailed the history and background to the Sexual Entertainment Venue Licensing and the changes proposed to be made to that Licence, together with the considerations for determining such an application and also a report detailing an application for a new Premises Licence application based on the same physical alterations to the premises.

The Committee were advised that the premises are currently granted a Sexual Entertainment Venue Licence under the Local Government (Miscellaneous Provisions) Act 1982 (as amended).  This licence was in force up to: 31^st May 2016 and a renewal application has been submitted.  The premises also held a licence under the Licensing Act 2003.

In respect of the SEV application, Members were referred to the layout plan, the checklist of questions that was completed for the renewal application, the applicant’s Codes of Conduct and Policies, the assessment and information for the vicinity and locality, and the number of Sexual Entertainment Venues within the borough. Members were also referred to the site notice, the press advert, the representations of the local residents, complaints and enforcement history and the LBTH Sexual Entertainment Venue Policy.

Members were reminded that in considering the premises licence application, they were required to consider the same in accordance with the Home Office Guidance and the Council’s Statement of Licensing Policy and other relevant legislations.

Mohshin Ali clarified that although the Licensing Act 2003 application has been effectively described in the report as a variation, it is in fact a new application due to the substantial changes being proposed and therefore, the application should be treated as a new licence application rather than a variation. 

It was debateable whether the applications should have been presented to the Committee prior to the determination of the application for renewal of the SEV licence.  However, as the current applications were submitted prior to expiry of the current SEV Licence, officers were of the view that it was appropriate for the applications to be considered.

Gareth Hughes addressed the meeting on behalf of the applicant and confirmed that the Applicants’ position was that a variation under Section 34 of the Licensing Act 2003 would not be the correct procedure as the variation to the premises was “substantial” and it was a new application.  Alterations were proposed to the premises but there were no proposed changes to any of the licensable activities, only to the layout.  As the plans were incorporated as a condition of the SEV licence, he said that the applicant could not change the  ...  view the full minutes text for item 3.3

David Tolley, Head of Environmental Health and Trading Standards

Mohshin Ali, Senior Licensing Officer

David Graham, Counsel for the Committee

Agnes Adrien, Legal Services

Antoinette Duhaney, Democratic Services

Gareth Hughes, Applicant’s Legal Representative

Steven Martin, Applicant

This report was considered in conjunction with item 3.3 above.

RESOLVED – That the application for a Premises Licence for Metropolis, 234 Cambridge Heath Road, London E2 9NN be refused.  See link below for details of the reasons for the Committee’s decision.

http://democracy.towerhamlets.gov.uk/mgCommitteeDetails.aspx?ID=324

There was no urgent business.